Decision 22638

Case Number Claimant Judge Language Decision date
Decision 22638   McNair  English 1993-06-07
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  new facts  definition 

Summary:

Letter submitted subsequent to Board's decision tending to show that settlement monies were paid as discrimination damages, not for loss of salary. An Umpire cannot receive new evidence going to the merits of a claim. Furthermore, this evidence is not analogous to "new facts" under s. 86.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  nature of monies 

Summary:

Letter submitted subsequent to Board's decision tending to show that settlement monies were paid as discrimination damages. The letter falls short of enabling a trier of fact acting judicially to determine that the settlement amount was for anything other than compensation for loss of employment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  evidence new 

Summary:

TAYLOR held that an Umpire on an appeal from a decision of the Board cannot receive new evidence going to the merits of a claim unless such evidence was sought to be adduced in the proceedings before the Board and was improperly excluded. The latter exception does not apply in the present case.


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